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Terms of Use

This document provides information relating to the website features, products and terms of usage of the website, https://www.orchidsamerica.us. Orchids America LLC provides services subject to the following conditions.

  1. Your Consent & Eligibility to Use
  • By using the website, https://www.orchidsamerica.us, and/or any of Orchids America’s services, you agree to these Terms of Use. The terms contained herein shall apply to all orders, purchases and other business transacted by or through Shopify Payments & Paypal and shall become part of the contractual agreement between you and Orchids America LLC. These Terms of Use are meant to supplement the original terms and conditions mentioned and agreed to by you on any official invoices. To the extent these Terms of Use conflict with the original terms and conditions for dealers, these Terms of Use shall prevail.
  • You understand and agree that by opening, visiting, viewing, accessing or in any other manner using the website, or any of the Services available on it, you are deemed to have agreed to and be bound by, all the terms and conditions contained in this document.
  • Orchids America reserves the sole and exclusive right to determine the carrier to be used on any shipment. All efforts will be made to use the most cost effective shipping method. Once a customer places an order and wishes to cancel it, he/she must do so before the order has shipped from its point of origin. Once a product has been shipped, all cost of returning the goods to Orchids America is the responsibility of the customer.
  1. Limitation of Liability
  • Under no circumstances shall Orchids America, its affiliates or agents be liable for:
  • Any incidental, indirect, special, punitive or consequential damages, which includes without limitation, loss of profits, revenues or savings, whether a claim for any such liability is presumed upon breach of contract, warranty, negligence, strict liability or other theory of liability.
  • Claims, demands or actions against the customer by any third party. Notwithstanding the foregoing, in the event of any liability incurred by Orchids America, Orchids America’s entire liability for damages from any cause whatsoever shall not exceed the dollar amount paid by the customer for the good(s) giving rise to the claim.
  1. Miscellaneous Terms

All transactions and any contract or contractual relationship arising from the use of the website shall be governed by the laws of the State of Texas. The Courts of Texas shall have exclusive jurisdiction over any such dispute arising from the website and these Terms of Use.

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